Computers, Privacy & the Constitution

Sanctuaries of Sovereignty: Redefining Surveillance, Security, and Community for Black Americans"

-- By TristonFerguson - 02 May 2024

The past year has presented me with the opportunity to explore the potential benefits of creating communities and neighborhoods similar to Martha’s Vineyard or Sag Harbor. I hope to continue learning more about these communities and the reasons for their existence. This essay will serve as a proxy for a project I would like to accomplish at some point in my life. Specifically, I will explore the intersection of the Fourth Amendment and surveillance of Black people and consider the potential benefits of creating communities akin to Martha's Vineyard or Sag Harbor as a means to reduce surveillance and foster comfort and trust through community rapport.

In the United States, the Fourth Amendment to the Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, without probable cause and a warrant issued by a judge. However, the reality for many people of color in America has been marked by disproportionate surveillance and policing, which infringes upon constitutional protections. My initial interest in the notion of over-surveillance was sparked last semester when my class group worked on a project that explored the #notechforice campaign, which exposed data companies such as LexisNexis? and their unethical practices of selling data to ICE to aid in surveilling and deporting people of color. Through this project, I began to further understand the need and desire to develop strong communities of color where these types of issues are no longer prevalent.

The issue of surveillance of people of color, primarily Black individuals, dates back to systemic racism and historical injustices perpetrated against African Americans. From the era of slavery to the Civil Rights Movement and beyond, people of color and their communities have faced heightened scrutiny and monitoring by law enforcement agencies and government entities. This phenomenon reflects broader societal biases and structural inequalities that persist in America. One of the key challenges associated with the surveillance of Black people is the tendency for law enforcement to engage in racial profiling. This practice often involves targeting individuals based on race rather than reasonable suspicion or specific evidence of criminal activity. As a result, people of color are disproportionately subjected to unethical and invasive surveillance tactics, which include stop-and-frisk policies, electronic surveillance, and data collection through various technologies.

The impact of surveillance on people of color extends beyond mere inconvenience; it undermines trust in law enforcement and perpetuates feelings of fear and alienation. The constant scrutiny and suspicion faced by people of color contribute to a sense of being constantly under surveillance, even in everyday activities. This pervasive surveillance not only violates the spirit of the Fourth Amendment but also perpetuates a cycle of distrust between communities of color and law enforcement agencies.

One potential solution to these issues is the creation of communities similar to Martha's Vineyard or Sag Harbor. These communities are known for their exclusivity and privacy, attracting affluent residents seeking seclusion and comfort. By establishing similar communities that prioritize privacy and limit external surveillance, there is potential to create environments where Black residents can feel safe and protected from unwarranted monitoring. However, the true strength of these communities would lie not in their seclusion but in the emphasis on community rapport and trust.

Building strong, trust-based relationships within the community can significantly reduce the perceived need for constant surveillance. When residents know and support each other, the reliance on external authorities and invasive surveillance technologies diminishes. For instance, community policing, where residents take an active role in maintaining safety and resolving conflicts, can be far more effective and less intrusive than traditional policing methods. This approach fosters a sense of collective responsibility and mutual trust, creating a safer and more cohesive community.

In these communities, traditional forms of government and surveillance might still exist, but their role would be significantly minimized. Over time, as trust and rapport within the community strengthen, the reliance on these traditional modes of surveillance would dwindle. This shift would encourage local governments to adopt more relaxed policies and rethink their approach to community safety. The focus would be on empowering residents to take charge of their own security and well-being, rather than imposing top-down surveillance measures. Furthermore, the appetite for surveillance dies down as it will likely not serve a purpose since the the general community is focused on building positive associations with people of color. More importantly, the building of these associations will not improve with data about said individuals.

Furthermore, creating exclusive communities for Black residents could contribute to broader social and cultural empowerment. By cultivating spaces where Black culture thrives and where residents feel protected, these communities can serve as centers of resilience and resistance against oppressive surveillance practices. They could also become hubs for social activism and community organizing, empowering residents to advocate for systemic change without relying heavily on external authorities.

Ultimately, the creation of such communities represents a potential solution to reducing surveillance and fostering comfort for Black residents. These communities can provide sanctuary from invasive monitoring and contribute to the empowerment and resilience of Black individuals and communities. Ensuring the privacy and security of Black Americans is essential for upholding their constitutional rights and achieving greater social justice in our society.

In my next essay, I will discuss areas and opportunities where communities similar to Sag Harbor and Martha’s Vineyard can exist and how they can best be developed. I will also explore the desire for Black prosperity and progress, and the types of individuals these communities would likely attract. Additionally, I will examine alternatives to traditional methods of surveillance to ensure the community remains safe. I believe that a system of trust can be developed within these communities, potentially coupled with technology, to hold everyone accountable without invasive surveillance. This exploration is crucial in understanding how we can create safe and empowering environments for Black residents in the face of evolving surveillance practices.


You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:

Note: TWiki has strict formatting rules for preference declarations. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of these lines. If you wish to give access to any other users simply add them to the comma separated ALLOWTOPICVIEW list.

Navigation

Webs Webs

r3 - 27 May 2024 - 00:19:20 - TristonFerguson
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM